AG -v- Bisson [2010] JRC 224 (14 December 2010)

AG -v- Bisson [2010] JRC 224 (14 December 2010)

The inadvertent disclosure of the defendant's previous conviction for assault, being highly prejudicial and directly relevant to the offence charged, could not be adequately remedied by judicial direction, and continuation of the trial could result in an unsafe conviction; therefore, the jury must be discharged.

Citation
[2010] JRC 224
Parties
Defendant: Defendant; Prosecution: Prosecution
Jurisdiction
Jersey
Judgment Date
14 December 2010
Procedural Posture
Criminal / Trial
Outcome
jury discharged
Legal Topics
Jury Discharge, Bad Character Evidence, Unsafe Conviction
Criminal Law Jury Discharge Bad Character Evidence Unsafe Conviction

Case Brief

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Parties

Defendant

Defendant

Prosecution

Prosecution

Procedural Posture

Criminal / Trial

Legal Issues

  1. 1 Whether inadvertent disclosure of defendant's previous conviction renders the trial unsafe
  2. 2 Whether the jury should be discharged due to potential prejudice

Ratio Decidendi

The inadvertent disclosure of the defendant's previous conviction for assault, being highly prejudicial and directly relevant to the offence charged, could not be adequately remedied by judicial direction, and continuation of the trial could result in an unsafe conviction; therefore, the jury must be discharged.

Court Disposition

jury discharged

Orders

  • Jury discharged due to risk of unsafe conviction arising from inadvertent disclosure of defendant's previous conviction.